When most people think of criminal convictions, they associate the criminal charge with an action—actually doing something illegal. However, it’s also illegal to plan to do something illegal—even if the plan isn’t successful. This is called conspiracy. If you have been charged with conspiracy, it’s important that you consult with a skilled Massachusetts criminal defense attorney.
What Is Conspiracy?
A conspiracy is an agreement between two or more people to do something illegal. The State of Massachusetts defines the crime of conspiracy as entering into an agreement to do something illegal, even if the illegal act is not actually carried out. The prosecution must establish three elements beyond a reasonable doubt to secure a conviction of guilt:
- The defendant entered into an agreement with at least one other person;
- The purpose of the agreement that was entered into was to do something illegal; and
- The defendant entered into the agreement a) knowing that the plan was unlawful and b) intending to execute the unlawful plan.
Penalties for a Conspiracy Conviction in Massachusetts
The penalties for conspiracy depend on the crime that the defendant is planning to engage in. If the crime that is planned is a felony punishable by death or imprisonment for life, the punishment is a fine of up to $10,000, imprisonment in the state prison for not more than 20 years, or both fine and imprisonment.
Penalties are less severe for conspiracy to commit crimes that are less serious. The potential penalties can be found in Section 7 of Chapter 274 of Massachusetts General Laws.
Defending Yourself Against Conspiracy Charges
If you have been charged with conspiracy, it’s important to understand that you could be facing a very long prison sentence, as well as large fines. The best thing that you can do for yourself is to hire an experienced criminal defense attorney as soon as possible. Your attorney will be focused on building your defense and protecting your rights throughout the criminal process. The job of your attorney is to put doubt in the court’s mind about your guilt—remember, you have to be convicted beyond a reasonable doubt. Defenses that may be viable in your case include:
- You did not know that the plans were illegal
- You were not actually involved in the planning/aware of what was going on
- You withdrew from the plan
- You were persuaded to participate by a law enforcement officer
You Need a Skilled Criminal Defense Attorney
If you’re facing criminal charges, you should call an attorney as soon as possible. At The Law Office of Paul R. Moraski, our criminal defense attorney has years of experience and a reputation for excellence. Call today for your initial consultation at (978) 397-0011.